DOCSLIB.ORG

UC San Diego UC San Diego Electronic Theses and Dissertations

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
UC San Diego UC San Diego Electronic Theses and Dissertations UC San Diego UC San Diego Electronic Theses and Dissertations Title Finding voice : the presence of German political thought Permalink https://escholarship.org/uc/item/0hn3k2cx Author Michelbach, Philip A. Publication Date 2006 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA, SAN DIEGO Finding Voice: The Presence of German Political Thought A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Political Science by Philip A. Michelbach Committee in charge: Professor Tracy B. Strong, Chair Professor Fonna Forman-Barzilai Professor Victor V. Magagna Professor William Arctander O’Brien Professor Robert B. Pippin 2006 Copyright Philip A. Michelbach, 2006 All rights reserved. The dissertation of Philip A. Michelbach is approved, and it is acceptable in quality and form for publication on microfilm: _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ Chair University of California, San Diego 2006 iii DEDICATION For Lacy iv TABLE OF CONTENTS Signature Page……………………………………………………………….iii Dedication……………………………………………………………………iv Table of Contents……………………………………………………………..v List of Figures ……………………………………………………………….vi Acknowledgements...……………………………………………………….vii Vita…………………………………….…………………………………...viii Abstract………………………………………………………………………ix I. Introduction…………………………………………………………………..1 II. Luther and the Origin of Democratic Hermeneutics………………………..31 III. Pufendorf: The Political Elaboration of Luther……………………………..79 IV. Lessing’s Progeny: Democratic Possibilities in the German Enlightenment…………………………………………………….175 V. Attaining Political Maturity: Why Kant has no Political Philosophy to Speak Of…………………………………………………………………...239 VI. G.W.F. Hegel’s Triune Political Science………………………………….319 VII. Conclusion…………………………………………………………………415 Bibliography……………………………………………………………….478 v LIST OF FIGURES Figure 1……………………………………………………………………………...438 vi ACKNOWLEDGMENTS I gratefully acknowledge the support and encouragement of my committee, my family, and my friends. In particular I would like to thank Victor V. Magagna for his exceedingly helpful comments and suggestions during the entire process of writing this dissertation. To John T. Scott I owe a debt for, in effect, giving me permission to begin thinking of myself as a political theorist. Finally, I thank Tracy B. Strong for encouraging me to find my voice. vii VITA 1990 B.A., University of Kansas 1993 M.A., University of Kansas 1998 M.A., University of Houston 2006 Ph.D., University of California, San Diego viii ABSTRACT OF THE DISSERTATION Finding Voice: The Presence of German Political Thought by Philip A. Michelbach Doctor of Philosophy in Political Science University of California, San Diego, 2006 Professor Tracy B. Strong, Chair Attaining Mündigkeit , political maturity, implies finding one’s voice. The attendant concept of citizenship gives the tradition of German political thought beginning with Luther its democratic imperative. I demonstrate the presence of this tradition in contemporary democratic theory through an analysis of Martin Luther, Samuel von Pufendorf, G.E. Lessing, Immanuel Kant, and G.W.F Hegel. The politics of interpreting and constructing the German language has shaped the language of modern politics. ix I Introduction With few exceptions, German political thought has had, perhaps especially since the Second World War, a bad name. It has been blamed for setting the conceptual climate that gave rise to Nazism; along with this it has be blamed for not providing any resources against the advent of the horrors of the twentieth century. If this was exemplified 50 years ago in a book like George Mosse's The Crisis of German Ideology: The Intellectual Origins of the Third Reich , it still conditions contemporary reactions. 1 And it is not just Germans, but anyone whose work seems overly influenced by them. So sensitive and erudite a writer as Judith Shklar can write in a review of Charles Taylor's Sources of the Self— a book that draws some portion of its inspiration from Herder and other early German romantics as well as Taylor’s engagement with Hegel—that the book provides no intellectual assets to draw on against the developments “in our horrible century." 2 Or Pierre Birnbaum, a leading French intellectual, finds, also with Taylor, much to worry about. 3 For many these problems go back to the origin of thought that might properly be called German— specifically to Martin Luther. Sheldon Wolin, for instance, finds in Luther no 1 George L. Mosse, The Crisis of German Ideology; Intellectual Origins of the Third Reich , [1st ed. (New York,, 1964). 2 Judith N Shklar, "[Untitled Review]," Political Theory 19 (Feb., 1991): p. 108. 3 Pierre Birnbaum, "From Multiculturalism to Nationalism," Political Theory 24 (1996). 1 2 insurance against the tyranny of the state. 4 For others, Hegel is the main villain: Karl Popper sought to cast him as the modern inheritor of Plato as an enemy of an open society. 5 Almost the only German political theorist who receives unqualified praise along these lines is Kant. It is the burden of this thesis to show that these accusations are wrong. Specifically I want to argue that German political thought, from Luther through the 19 th century, in fact provides democratic resources adequate to the challenges of modernity. I furthermore will want to argue, in a manner that may seem tendentious, that Kant does not provide resources adequate to modern democratic theory. Luther as Cultural Touchstone In his 1918 address in Munich on “Politics as a Vocation”—the title of which explicitly invokes Luther’s idea of professional calling—Max Weber argued, it is immensely moving when a mature person—no matter whether old or young in years—is aware of a responsibility for the consequences of his conduct and really feels such responsibility with heart and soul. He then acts by following an ethic of responsibility and somewhere he reaches the point where he says: “Here I stand; I can do no other.” That is something genuinely human and moving. And every one of us who is not spiritually dead must realize the possibility of finding himself at some time in that position. In so far as this is true, an ethic of ultimate ends and an ethic of responsibility are not absolute contrasts but rather supplements, which only in unison constitute a genuine human being—a person who can have the “calling for politics.” 6 4 Sheldon S. Wolin, Politics and Vision : Continuity and Innovation in Western Political Thought , Expanded ed. (Princeton, N.J., 2004). Chapter 5. 5 Karl Raimund Popper, The Open Society and Its Enemies , [5th , rev.] ed. (Princeton, N. J., 1966). 6 Max Weber, Hans Heinrich Gerth, and C. Wright Mills, From Max Weber: Essays in Sociology (New York,, 1946). p. 127. Während es unermeßlich erschütternd ist, wenn ein reifer Mensch—einerlei ob alt oder jung in Jahren--, der diese Verantwortung für die Folgen real und mit voller Seele empfindet und verantwortungsethisch handelt, an irgendeinem Punkte sagt: “ich kann kein anders, hier stehe ich.” Das ist etwas, was menschlich echt ist und ergreift. Denn diese Lage muß freilich für jeden von uns, der nicht innerlich tot ist, irgendwann eintreten können. Insofern sind Gesinnungsethik und 3 This statement is an expression of the moral and political vocabulary introduced into German by Martin Luther. The governing idea of Weber’s public lecture is that a person should have a calling, a spiritual authorization to engage in politics. The sacred character of a vocation requires a morally serious comportment that attends or perhaps even defines a mature mind. Political engagement is then seen to result from a kind of psychological maturity. Importantly, it is a maturity stemming neither from convention (for example, that the voting age is 18) nor from nature (e.g., human beings are adult animals in a reproductive sense in their teens). This is the maturity that frames a moral commitment, in Luther’s language a turning of the soul or reorientation. The impact of this conception of maturity extends the 18 th century ideal of cultivation ( Bildung ). Calling is to an application of the moral realm to the world, a central, if often misunderstood, implication of Luther’s theology. The exemplary instance of an act borne of this moral orientation is the quote attributed to Luther as he stood under the judgement of Charles V at Worms: “Here I stand, I can do no other. God help me. Amen.” In his lecture, Weber recognizes the cultural resonance of such an action in echoing the essence of that phrase, 7 to which something anyone “not spiritually [innerlich ] dead” would respond. Consistent with Luther’s thought, Weber sees in this movement of spirit the distinguishing feature of humanity, the indicator that one is Verantwortungsethik nicht absolute Gegensätze, sondern Ergänzungen, die zusammen erst den echten Menschen ausmachen, den, der den “Beruf zur Politik” haben kann. Max Weber and Max Solms, Schriften Zur Theoretischen Soziologie, Zur Soziologie Der Politik Und Verfassung , Burt Franklin Research & Source Works, 241. (New York,, 1968). p. 203. 7 Weber misquotes slightly, reversing the order of the statement, i.e., "I can do no other, here I stand." 4 dealing with a “genuine” human being. The formally contradictory but spiritually
Load more

Recommended publications
  • 181 Chapter VII a World of Many
    181 Chapter VII A World of Many: Giving up the Belief in the Possibility of Universal Rule (1648/59 – 1714) A Description of the “State” of the Holy Roman Empire Slightly less than twenty years after the treaties of Munster and Osnabrück, the jurist and historian Samuel von Pufendorf (1632 – 1694) clad his description of the Holy Roman Empire into a fictitious travel report. He took the role of a Veronese citizen named Severinus de Monzambano, explaining to his alleged brother the oddities of the form of government of the Empire. The choice of Veronese identity had not been random, as the city of Verona the lay on Venetian territory and, from the fourteenth century, Venice had no longer been considered part of the Empire,1 from the turn towards the sixteenth century even as the foe of the Emperor. Pufendorf explained the form of government of the Empire in historical terms, described the processes by which the centre of rule had shifted from the Italian Peninsula to areas north of the Alps and, at the very beginning of his report, made it clear that the Empire was known by the wrong official name. Instead of “Holy Roman Empire”, it should, Pufendorf insisted, be called the “new state of the Germans”, because it had nothing to do with the ancient empire of the Romans. It was a grave mistake, he wrote, to believe that this ancient empire of the Romans had continued to be in existence. Quite on the contrary, the empire, whose capital the city of Rome had once been, had been destroyed.
    [Show full text]
  • Inventing Westphalia
    Inventing Westphalia Nicholas Pingitore Senior Thesis Spring, 2020 Advisors: Ethan Shagan and Raphael Murillo Pingitore 1 Introduction The Westphalian Moment, if there ever was one, may quite well have occurred more than 100 years after the signing of the now famous Peace, and in Geneva no less. Writing around 1756, Jean-Jacques Rousseau declared in his treatise, A Lasting Peace Through the Federation of Europe that “the Treaty of Westphalia will perhaps forever remain the foundation of our international system.”1 Prevailing social science lore would find no fault with Rousseau’s logic. Examples abound from the last 70 years of various political theories, international histories, university conferences, even modern military alliances, referencing Westphalia.2 Invariably, there are some differences in how these thinkers frame the importance of Westphalia, but the general mold is familiar enough to any sophomore undergraduate enrolled in a course on international relations.3 It goes as follows: The Thirty Years’ War lasted from 1618-1648. This three-decade-long catastrophe was perhaps Europe’s first modern continental war. While the majority of the conflict took place in central Europe, it drew upon every “great power” resulting in an estimated five to eight million deaths. Modern estimates would suggest that such a toll resulted in a 15–20 percent decline in Europe’s population.4 By 1 Jean-Jacques Rousseau, Translated by C.E. Vaughan, A Lasting Peace Through The Federation of Europe and The State of War, London: Constable and Company Limited, 1917, p. 55. 2 Javier, Solana. “Securing Peace in Europe.” Speech presented at the Symposium on the Political Relevance of the 1648 Peace of Westphalia, Münster, Germany, November 12, 1998.
    [Show full text]
  • NEW Spirit and Secularity
    NAHME - CHAPTER 3 DRAFT- NOT FOR CITATION Chapter 3 Race, Religion, and Identity: the (Theo-)Politics of Kantianism and the Predicament of German Jewish Liberalism In the century since their first, limited experience of emancipation in 1812, many German Jews gained an increasing awareness of the strengths and weaknesses of appealing to civic rights and individual freedoms to seek recognition in German public institutions. On the one hand, these liberal ideals of freedom and equality, duty and obligation to the rational legal state (Rechtstaat) gave German Jews a sense of belonging to the German Fatherland and held up the image of the rights-bearing citizen as an ideal to strive toward. But on the other hand, as we saw in the previous chapter, the Jewish Question was also increasingly framed as a problem implicit in the developing discourse of liberalism and gave rise to an anxiety over the secularization of political and moral public discourse about values, norms, and social ideals in Wilhelmine Germany. The Jewish Question, as I argued, was both an epistemological and a political predicament. Whether all “Germans” acknowledged Jews as belonging to a community and fraternity of national identity is less important, however, than the diversity in normative goals represented by the introduction of a liberal philosophical worldview in Imperial Germany as the means for articulating a still inchoate national identity. And because the Jews, like many of their compatriots, participated in a collective imagining of what a “civic” identity could be, their engagement with both the liberalism and idealism of the late nineteenth century gives voice to the significant influence of 197 NAHME - CHAPTER 3 DRAFT- NOT FOR CITATION this intellectual worldview on the broader social and cultural moment.
    [Show full text]
  • Historiographical Approaches to Past Archaeological Research
    Historiographical Approaches to Past Archaeological Research Gisela Eberhardt Fabian Link (eds.) BERLIN STUDIES OF THE ANCIENT WORLD has become increasingly diverse in recent years due to developments in the historiography of the sciences and the human- ities. A move away from hagiography and presentations of scientifi c processes as an inevitable progression has been requested in this context. Historians of archae- olo gy have begun to utilize approved and new histo- rio graphical concepts to trace how archaeological knowledge has been acquired as well as to refl ect on the historical conditions and contexts in which knowledge has been generated. This volume seeks to contribute to this trend. By linking theories and models with case studies from the nineteenth and twentieth century, the authors illuminate implications of communication on archaeological knowledge and scrutinize routines of early archaeological practices. The usefulness of di erent approaches such as narratological concepts or the concepts of habitus is thus considered. berlin studies of 32 the ancient world berlin studies of the ancient world · 32 edited by topoi excellence cluster Historiographical Approaches to Past Archaeological Research edited by Gisela Eberhardt Fabian Link Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliographie; detailed bibliographic data are available in the Internet at http://dnb.d-nb.de. © 2015 Edition Topoi / Exzellenzcluster Topoi der Freien Universität Berlin und der Humboldt-Universität zu Berlin Typographic concept and cover design: Stephan Fiedler Printed and distributed by PRO BUSINESS digital printing Deutschland GmbH, Berlin ISBN 978-3-9816384-1-7 URN urn:nbn:de:kobv:11-100233492 First published 2015 The text of this publication is licensed under Creative Commons BY-NC 3.0 DE.
    [Show full text]
  • The Translation of German Pietist Imagery Into Anglo-American Cultures
    Copyright by Ingrid Goggan Lelos 2009 The Dissertation Committee for Ingrid Goggan Lelos Certifies that this is the approved version of the following dissertation: The Spirit in the Flesh: The Translation of German Pietist Imagery into Anglo-American Cultures Committee: Katherine Arens, Supervisor Julie Sievers, Co-Supervisor Sandy Straubhaar Janet Swaffar Marjorie Woods The Spirit in the Flesh: The Translation of German Pietist Imagery into Anglo-American Cultures by Ingrid Goggan Lelos, B.A.; M.A.; M.A. Dissertation Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy The University of Texas at Austin May 2009 Dedication for my parents, who inspired intellectual curiosity, for my husband, who nurtured my curiositities, and for my children, who daily renew my curiosities Acknowledgements I would like to express my gratitude to so many who made this project possible. First, I must thank Katie Arens, who always believed in me and faithfully guided me through this journey across centuries and great geographic expanses. It is truly rare to find a dissertation advisor with the expertise and interest to direct a project that begins in medieval Europe and ends in antebellum America. Without her belief in the study of hymns as literature and the convergence of religious and secular discourses this project and its contributions to scholarship would have remained but vague, unarticulated musings. Without Julie Sievers, this project would not have its sharpness of focus or foreground so clearly its scholarly merits, which she so graciously identified.
    [Show full text]
  • Natural Law Vs. Positive Law
    Natural Law vs. Positive Law: Natural law or the law of nature (Latin: lex naturalis) has been described as a law whose content is set by nature and that therefore has validity everywhere.[1] As classically used, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. The phrase natural law is opposed to the positive law (meaning "man-made law", not "good law"; cf. posit) of a given political community, society, or nation-state, and thus can function as a standard by which to criticize that law.[2] In natural law jurisprudence, on the other hand, the content of positive law cannot be known without some reference to the natural law (or something like it). Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with natural justice or natural right (Latin ius naturale), although most contemporary political and legal theorists separate the two. Although natural law is often conflated with common law, the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation.[3] Natural law theories have, however, exercised a profound influence on the development of English common law,[4] and have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, John Locke, Francis Hutcheson, Jean Jacques Burlamaqui, and Emmerich de Vattel.
    [Show full text]
  • Montesquieu's Mistakes and the True Meaning of Separation Laurence Claus University of San Diego School of Law, [email protected]
    University of San Diego Digital USD University of San Diego Public Law and Legal Law Faculty Scholarship Theory Research Paper Series September 2004 Montesquieu's Mistakes and the True Meaning of Separation Laurence Claus University of San Diego School of Law, [email protected] Follow this and additional works at: http://digital.sandiego.edu/lwps_public Part of the Constitutional Law Commons, Jurisprudence Commons, Legal History Commons, Legislation Commons, and the Public Law and Legal Theory Commons Digital USD Citation Claus, Laurence, "Montesquieu's Mistakes and the True Meaning of Separation" (2004). University of San Diego Public Law and Legal Theory Research Paper Series. 11. http://digital.sandiego.edu/lwps_public/art11 This Article is brought to you for free and open access by the Law Faculty Scholarship at Digital USD. It has been accepted for inclusion in University of San Diego Public Law and Legal Theory Research Paper Series by an authorized administrator of Digital USD. For more information, please contact [email protected]. Claus: Public Law and Legal Theory Research Paper Series September 2004 Montesquieu's Mistakes and the True Meaning of Separation Laurence Claus Published by Digital USD, 2004 1 University of San Diego Public Law and Legal Theory Research Paper Series, Art. 11 [2004] MONTESQUIEU’S MISTAKES AND THE TRUE MEANING OF SEPARATION 25 Oxford Journal of Legal Studies (forthcoming) Laurence Claus1 “The political liberty of the subject,” said Montesquieu, “is a tranquility of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man needs not be afraid of another.”2 The liberty of which Montesquieu spoke is directly promoted by apportioning power among political actors in a way that minimizes opportunities for those actors to determine conclusively the reach of their own powers.
    [Show full text]
  • Frege in Context
    British Journal for the History of Philosophy 9(3) 2001:557– 570 REVIEW ARTICLE FREGE IN CONTEXT Nikolay Milkov Gottfried Gabriel und Wolfgang Kienzler (eds). Frege in Jena. Beiträge zur Spurensicherung . (Kritisches Jahrbuch der Philosophie , Band 2). Würzburg, Königshausen & Neumann, 1997, pp.161. Pb. DM 28. ISBN 3826014405 Gottfried Gabriel und Uwe Dathe (eds). Gottlob Frege. Werk und Wirkung. Paderborn, Mentis, 2000, pp.313. Pb. DM 30. ISBN 3897850850 REWRITING FREGE’S BIOGRAPHY English-speaking philosophers know little about Frege’s life. In 1972 T. W. Bynum published ‘On the Life and Work of Gottlob Frege’, an introduction of fty-four pages to his translation of the Begriffsschrift , in which various facts about Frege’s life were cited. These notes are still being used as a guide to Frege’s biography today – as in Anthony Kenny’s recent book Frege (see Kenny 1995, p. 1 n.). Apparently, many writers on Frege have never heard about a complete revolution in investigating Frege’s biography that took place in the 1990s in Germany, falsifying almost every sentence in Bynum’s piece. The two volumes under review – I shall refer to them as Spurensicherung and Wirkung for brevity – which are the outcome of two symposia on Frege held at the University of Jena, form the pinnacle of this biographical makeover. Indeed, from 1979 on, four such symposia had already taken place in Jena, resulting in three volumes of proceedings in each of which new data pertaining to Frege’s biography were contained. What is new in 1 I use the term ‘East German’ here, following the tradition established during the Cold War, when Germany was divided into two parts, usually known in English as East and West Germany.
    [Show full text]
  • Justice, Dissent, and the Sublime Canuel, Mark
    Justice, Dissent, and the Sublime Canuel, Mark Published by Johns Hopkins University Press Canuel, Mark. Justice, Dissent, and the Sublime. Johns Hopkins University Press, 2012. Project MUSE. doi:10.1353/book.15129. https://muse.jhu.edu/. For additional information about this book https://muse.jhu.edu/book/15129 [ Access provided at 29 Sep 2021 18:58 GMT with no institutional affiliation ] This work is licensed under a Creative Commons Attribution 4.0 International License. Justice, Dissent, and the Sublime This page intentionally left blank Justice, Dissent, M and the Sublime N Mark Canuel The Johns Hopkins University Press Baltimore © 2012 The Johns Hopkins University Press All rights reserved. Published 2012 Printed in the United States of America on acid-free paper 9 8 7 6 5 4 3 2 1 The Johns Hopkins University Press 2715 North Charles Street Baltimore, Maryland 21218-4363 www.press.jhu.edu Library of Congress Cataloging-in-Publication Data Canuel, Mark. Justice, dissent, and the sublime / Mark Canuel. p. cm. Includes bibliographical references and index. ISBN 978-1-4214-0587-2 (hdbk. : alk. paper) — ISBN 978-1-4214-0609-1 (electronic) — ISBN 1-4214-0587-3 (hdbk. : alk. paper) — ISBN 1-4214- 0609-8 (electronic) 1. Aesthetics in literature. 2. English literature—18th century— History and criticism. 3. English literature—19th century—History and criticism. 4. Justice in literature. 5. Sublime, The, in literature. 6. Romanticism—Great Britain. I. Title. PR448.A37C35 2012 820.9Ј007—dc23 2011047314 A catalog record for this book is available from the British Library. Special discounts are available for bulk purchases of this book.
    [Show full text]
  • HT504 HISTORY of CHRISTIANITY II Summer Semester 2010 Reformed Theological Seminary Orlando, FL Dr
    HT504 HISTORY OF CHRISTIANITY II Summer Semester 2010 Reformed Theological Seminary Orlando, FL Dr. W. Andrew Hoffecker The purpose of the course is to study Christian church history from the Protestant Reformation to the present. The course will be multifaceted and will include: the development of Christian theology such as the theologies of Luther, Calvin, Schleiermacher, and Barth; the institutional church; various views of the religious life including pietism and Puritanism; and prominent movements (e.g., Protestant scholasticism, modern liberalism and Neo Orthodoxy) and individuals who inspired them. Our aim, therefore, is not to limit our study to “church history” alone, but always as it is related to other fields in the history of Christian thought and the larger culture. By surveying diverse but related subjects, students will gain an overall historical perspective of the Church – its theology, institutions, and leaders during the last five centuries. Throughout our study the advantages of an integrated perspective will be stressed. The major benefits of this approach will be an increased appreciation of God's providential work throughout its history and insights into important issues of our own era. A principal interest will be to understand how people and ideas influenced the church of the past, and how they still affect contemporary events. COURSE REQUIREMENTS 1. TEXTS: The following texts are required for the course: Justo Gonzalez, The Story of Christianity: Vol 2 The Reformation to the Present Day; Hugh T. Kerr, Readings in Christian Thought. Students will read Gonzalez in its entirety; Kerr, pages 136-403. Students will also complete additional pages of reading which will be reported on the day of the final exam on the “READING REPORT FOR HT504” attached to this syllabus.
    [Show full text]
  • How Do We Understand International Law and Peace?
    Georgia State University ScholarWorks @ Georgia State University Political Science Theses Department of Political Science Summer 8-7-2018 How Do We Understand International Law and Peace? Rebecca Sims Follow this and additional works at: https://scholarworks.gsu.edu/political_science_theses Recommended Citation Sims, Rebecca, "How Do We Understand International Law and Peace?." Thesis, Georgia State University, 2018. https://scholarworks.gsu.edu/political_science_theses/72 This Thesis is brought to you for free and open access by the Department of Political Science at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Political Science Theses by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. HOW DO WE UNDERSTAND INTERNATIONAL LAW AND PEACE? by REBECCA L. SIMS UNDER THE DIRECTION OF HENRY CAREY, PHD ABSTRACT This review essay provides a comprehensive roadmap of the international law of peace, which has not been so presented in the International Law-International Relations literature before. In Part 1 we review peace law as such, that is, where it is simply and directly mandated in international law. In the second of the two parts, we depict international law that does not mandate peace, but requires behavior that indirectly results in peace. In both parts the three sources of international law, treaty, custom or principles are identified, along with soft law, which is incipient, but non-binding. Laws of peace per se include all the United Nations Charter provisions (treaty and customary) related to peace and peaceful conditions, jus ad bellum (custom) and the law against aggression (treaty), the 1970 Declaration on Friendly Relations Among States (custom and principle) and the Human Right to Peace (custom, soft law).
    [Show full text]
  • Physics and the Philosophy of Science at the Turn of the Twentieth Century
    Physics and the Philosophy of Science at the Turn of the Twentieth Century (Forthcoming in the Enciclopedia Italiana di Storia della Scienza under the title, “Fisica e Filosofia della Scienza all’Alba del XX Secolo”) I believe that philosophy can be helped to its feet again only if it devotes itself seriously and fervently to investigations of cognitive processes and the methods of science. There it has a real and legitimate task . Philosophy has obviously come to a standstill because it . still has taken no new life from the vigorous development of the natural sciences. — Hermann von Helmholtz to Adolf Fick, ca. 1875 (as quoted in Koenigsberger 1902–1903, 243) Introduction: Disciplinary Symbiosis Theoretical physics and the philosophy of science are among the most important fields of research in the twentieth century, this as gauged both by their prominence within their respective disciplines and by their broader social and intellectual impact. Yet in 1850 neither field, as we know it today, would have been recognized in the academy or elsewhere as constituting an autonomous mode of inquiry with associated institutional structures. With hindsight, each might be glimpsed in germ. Some would read Hermann von Helmholtz’s 1847 lecture, Über die Erhaltung der Kraft (Helmholtz 1848) as marking the advent of the search for generalizable explanatory structures whose deployment is a distinguishing mark of theoretical physics. Some would read Auguste Comte’s Cours de philosophie positive (1830–1842) or William Whewell’s The Philosophy of the Inductive Sciences (1840) as inaugurating the systematic study of those general questions about scientific method, the nature and limits of scientific knowledge, and the structure and interpretation of scientific theories whose focal significance later defined the field in the form made famous by the members of the Vienna Circle.
    [Show full text]